Question
The doctrine of judicial precedent is at the heart of the common law system of rights and duties. The courts are bound (within prescribed limits)
"The doctrine of judicial precedent is at the heart of the common law system of rights and duties. The courts are bound (within prescribed limits) by prior decisions of superior courts. Adherence to precedent helps achieve two objects of the legal order. Firstly, it contributes to the maintenance of a regime of stable laws. This stability gives predictability to the law and affords a degree of security for individual rights. Secondly, it ensures that the law develops only in accordance with the changing perceptions of the community and therefore more accurately reflects the morals and expectations of the community. A system based on precedent will be rational (without making reason its god), will be adaptable to varied and changing circumstances, will take into account all the varieties of human experience, will be highly practical and will be composed by the finest minds of many generations, tuned to a fine balance and learned in the art of detecting legal issues and resolving legal problems. The gradual development of the system will avoid the pitfalls of hasty and counterproductive reformism" From: "The Doctrine of Precedent" Corray M (Dr) (1995)
(a)With reference to the hierarchy of the courts, explain how the system of binding precedent operates in the English Legal System
(b)With reference to Young v Bristol Aeroplane Co [1944] explain how the Court of Appeal may be able to depart from precedent
(c)Explain the authority of the Practice Statement 1966, and the ways in which the Supreme Court (or the House of Lords) has used, and/or could use it.
(d) Examine the strengths and weaknesses of the doctrine of stare decisis.
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